The Law: Its Role and Rule

Law touches our lives in daily routine and plays an elementary role in our social, political and economic existence. Laws administer what is good and bad; right and wrong; desirable and undesirable; what we can and cannot do and it is used to settle disputes, to punish and to govern!

Black’s Law Dictionary says that law is “a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences.” Meaning thereby, law is set of rules and regulations promulgated by the state under the authority, to regulate the conduct of natural (human beings) and legal persons (corporates) to protect them in person and their property through the sanctions.

Role of Law

 “The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public”, these words of Thomas Jefferson reflect that the effective laws and an enabling legal environment are fundamental for a prosperous society.

Law helps to keep society moving as without law there would be chaos (jungle raj) and it would be survival of the fittest. Laws are created to serve society and shape morals; promote peace and public policies; facilitate freedom and future.

The law plays palpable role by creating a norm of conducts in the society to protect its citizen from any injury. The dogma of the ‘Role of Law’ ensures that all citizens are given equal opportunity without any discrimination against them on the grounds of race, region, religion, caste, colour, creed, biological, economic and social status etc.

Law serves as a catalyst of social mediation of relations between people for harbingering social change and transformation in the values and beliefs, social and political dimensions, besides the economic structure. Law has acted as an instrument wherein the dilution of caste inequalities; abolition of the abhor-able practices of Sati, child-marriage, dowry; protective measures for the weak and vulnerable sections; providing for the dignified existence of those living under unwholesome conditions etc. are the illustrious instances in this regard.

Rule of Law

 “Off with their heads!” recalling the scream of the Queen of Hearts at the slightest wrong or breach in the Alice’s Adventures in Wonderland, gives the idea of what it would be like to live in a society which is not administered by the ‘Rule of Law’.

 The rule of law is the legal principle that law should govern the society, as opposed to being governed by arbitrary pronouncement of any authority as arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. The phrase was familiar to the ancient philosophers like Aristotle, who wrote, ‘law should govern instead of an individual’ and Montesquieu contrasted the ‘legitimate authority of monarchs with the caprice of despots’. Adding, Thomas Hobbes called for ‘common rules for all men’ and nearer home B.R. Ambedkar stated that ‘law binds its creator too’. It implies that every citizen is subject to the law, including lawmakers themselves. In this sense, the rule of law stands in contrast to an autocracy, dictatorship, or oligarchy, in which the rulers are held above the law.

 Rule of law is closely related to the idea of equality before the law or the equal protection of the laws, which holds that no one should enjoy privileges that are not extended to all and that no person should be immune from legal sanctions. Laws should be open and obvious, general in appearance, universal in application, and presumed to be known to all so as to endorse equity, justice and good conscience.

 Law is the King of Kings, far more rigid and powerful than the Kings. The ultimate goal of every society and legal system should be equal and impartial justice for all, ushering the dawn of peace and prosperity.

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